1508891 (Migration)

This matter concerned an application for a Subclass 457 visa, where the primary dispute revolved around whether the applicant met the requirements of clause 457.223(4)(da) of the Regulations, which mandates that an applicant possess the necessary skills, qualifications, and employment background for the nominated occupation. The nominated occupation was Property Manager. The Tribunal was required to determine if the applicant's existing skills, qualifications, and employment history were sufficient to satisfy this criterion, particularly in light of the delegate's previous finding that she did not meet the ANZSCO skill level requirements.

The court was tasked with assessing whether the applicant's completion of the REIV Agent's Representative course, her Bachelor of Business Administration studies, and her employment as an Assistant Property Manager provided her with the requisite skills, qualifications, and employment background for the nominated role. The Tribunal was guided by the principle established in *Joshi v MIMIA*, which dictates that the assessment requires an ascertainment of the applicant's attributes and skills and how they are applied in the workplace for remuneration, rather than a narrow matching process against the ANZSCO definition.

The Tribunal concluded that the matter should be remitted for reconsideration. It found that the applicant's submission, supported by various documents including her position description, academic transcript, REIV certificate, and evidence of her property listings and employment, warranted further consideration. Consequently, the Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration, directing that the visa applicant meets the criteria under clause 457.223(4)(da).